What Is Legal Separation?

Legal separation won’t dissolve your marriage in the eyes of the California courts, but there are still many advantages to filing a separation agreement. As a legal matter, a separation allows your attorneys to begin the process of marital and community property division during the mandatory six-month waiting period prior to the final divorce decree.

A legal separation may allow spouses to continue to take advantage of health care and tax benefits enjoyed by married couples. For long-term marriages where neither party expects to remarry, a separation may be an excellent option.

Benefits of a Well-Drafted Legal Separation Agreement

You may retain certain benefits of a married couple, generally including health insurance benefits.

You can protect your rights in all matters relating to alimony, child custody and child support.

You may include provisions restricting access to joint checking, savings and credit card accounts.

You may protect yourself from any debt incurred by your spouse during the waiting period prior to your divorce becoming final.

Your separation agreement may include specific items relating to mortgage payments, home maintenance and use.

What if my spouse is cheating? Does that have any impact?

If you are separating from your spouse and are considering a divorce, contact us or call 818-960-1334 to learn more about the benefits of legal separation and find out how we can help you draft a separation agreement that is right for you.

Intake Process

Step 1

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How Do You Pick the Right Family Law Attorney? First, you must start scheduling consultations with different attorneys to be sure that your attorney is someone with whom you get along with and whose personality blends with yours. You need to find an attorney who is knowledgeable and one who has years of experience in family law. Price is also a consideration. When it comes to family law, this is not an area where you want to “bargain shop.” To simplify your experience in finding the right attorney, here is the Intake Process so you know what to expect when calling our office.

Step 2

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When you call Feinberg & Waller, APC for an initial consultation, our Case Intake Manager will ask some basic questions about you, your spouse, your financial picture, and your case. Our Intake Process helps us determine if we can handle your matter while managing the needs of our existing clients. Feinberg & Waller, APC limits the number of cases we accept because we’ve found that selectivity advances our commitment to excellence.

Step 3

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After we receive your basic information, we run a conflict check to make sure we have not spoken with your spouse in the past. We want to confirm there will be no conflict for us working with you as a potential new client. Thereafter, we will call you back to inform you of the results of the conflict check. If we are able to assist you, our Case Intake Manager will go over the range in fees, from our paralegals at $195/hr, to our associate attorneys starting at $250/hr, and our Certified Family Law Specialists (CFLS) starting at $550/hr. Due to the costs associated with processing new clients, the initial one-hour consultation fee is a flat rate in the amount of $600.

Step 4

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If we are able to handle your matter, we will schedule your consultation with one of Feinberg & Waller’s Certified Family Law Specialists. A CFLS has gone through a rigorous process of proven qualifications. They are better trained and more experienced than most other non-certified family law attorneys. You want to be sure to be on equal footing, if not better, than your spouse in terms of the credentials of your team. You want a lawyer who is committed enough to their craft to become board certified.